U.S. Supreme Court declines to block Texas abortion law

WASHINGTON/DALLAS (Reuters) - A split U.S. Supreme Court
declined on Tuesday to block implementation of a new abortion
law in Texas that already has prompted a dozen clinics in the
state to stop performing the procedure.

The provision requires doctors who perform abortions to have
admitting privileges at a hospital within 30 miles (48 km) of
the facility in case women have complications.

The court was split 5-4, with the conservative wing of the
court in the majority. The four liberal justices said they would
have overturned the 5th U.S. Circuit Court of Appeals Oct. 31
ruling that allowed the law to take effect.

Justice Antonin Scalia, joined by two of his conservative
colleagues, wrote an opinion explaining the rationale in favor
of leaving the appeals court decision intact.

Scalia criticized the four dissenters, saying that their
suggested outcome would "flout core principles of federalism by
mandating postponement of a state law without asserting that the
law is even probably unconstitutional."

Writing for the four dissenters, Justice Stephen Breyer said
he would have favored blocking the law to "maintain the status
quo" while the lower courts handled "this difficult, sensitive
and controversial legal matter."

Abortion rights groups and clinics that provide abortions
are challenging the sweeping anti-abortion law, passed in July
by the Republican-led Texas Legislature, that also requires
abortion clinics to meet heightened building standards, bans
abortion after 20 weeks and requires strict adherence to federal
guidelines in prescribing abortion pills.

"These are commonsense - and perfectly constitutional -
regulations that further the state's interest in protecting the
health and safety of Texas women," Texas Attorney General
Gregory Abbott said in a statement.

The Supreme Court stay application only related to the
admitting privileges portion of the law. On Nov. 1, hours after
the Circuit Court of Appeals ruling allowing the law to take
effect, a dozen facilities throughout Texas stopped offering
abortions and turned away women who were seeking the procedure.

"While we are deeply disappointed, this isn't over. We will
take every step we can to protect the health of Texas women,"
said Cecile Richards, the president of Planned Parenthood
Federation of America.

The law gained national headlines when Democratic state
Senator Wendy Davis spoke against it in the Legislature for
several hours, gaining her a nationwide following and
encouraging her to announce her campaign for Texas governor.

The appeals court decision had reversed a lower court ruling
that halted the provision on admitting privileges before the law
was due to go into effect.

The 5th Circuit appeals court has not ruled on the merits of
the challenge. It is due to hear oral arguments early next year.